HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM
* SASH II'Ti
Agenda Subject: Date: January 12, 2010
Resolution No. 4560
Department: Attachments: Budget Impact: Police Resolution No. 4560
Administrative Recommendation:
City Council introduce and adopt Resolution No. 4560
Background Summary:
The City of Auburn applied for, and was awarded a grant through the United States Department of
Justice, Office of Community Oriented Policing Services (COPS). The award was part of the COPS
Hiring Recovery Program (CHRP). This grant was initially awarded to the City in the amount of
$1,290,880.00 to be used for the hiring of (5) five new entry level commissioned police officers. Prior to
officially accepting this award and hiring the entry level officers, due to the economic downtown, the city
experienced budget concerns where layoffs of commissioned police officers was imminent. The hiring
of 5 new police officers was not consistent with the budget. The grant award had an option that allowed
the City to request a modification from 5 new hire police officers to retaining or rehiring 5 police officers that had been laid off or were scheduled to be laid off. The City of Auburn
requested this modification to
the application which has been accepted and the grant has been modified.
The CHRP grant awarded to the City of Auburn is in the amount of $1,290,880.00. The funds are to be
used for the retention of 5 commissioned police officers over the three year period of 2010, 2011 and
2012.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources ❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l Tabled Until I I
Councilmember: Peloza Staff: Kell
Meetin Date: Februar 1, 2010 Item Number:
rr~Y
t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1
RESOLUTION N0.4_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE MAYOR TO ACCEPT A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES (COPS}
WHEREAS, the Auburn Police Department, in order to more effectively
address the law enforcement needs of the city, has sought a Community
Oriented Policing Services (COPS) grant from the Department of Justice; and
WHEREAS, the Auburn Police Department has been awarded COPS
grant funds in the amount of one million, two hundred ninety thousand, eight
hundred and eighty dollars ($1,290,880.00); and
WHEREAS, these funds shall be utilized for the retention of five police
officers thatwere scheduled to be laid off do to budgetary concerns; and
WHEREAS, these funds are available for use towards the retention of
five police officers over a three year period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to
accept the COPS grant with the award document attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Resolution No. 4560
January 8, 2010
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam
City Clerk
Approved as to Form:
Daniel B. Heid
City Attorney
Resolution No. 4560
January 8, 2010
Page 2 of 2
a S;S
'Ay j r Y ~
R :'i U.S. Department of Justice ~,s~
Office of Community Oriented Policing Services (COPS)
Gratrts Adrnitzistt~ation Division X100 VetmotltAvenrte, ~IW
Washington, D.C X4530
January 2410
.
Chief of Police James Kelly
Auburn, City of . 344 East Main Street, Suite 2a I ~
Auburn, wA 9802 ~r~ ~ 1 .
A F - }fLp.
Re. C4P5 Hirin and Recove Pro ram Grant # 2009RK XQSB a~~Y~~$~,~:,~~ ~ k ~ ~ ,.s g ~ g w ~ ~
~R.#. wAa ~ 70 ~
Dear Chief Kelly:
we recently received correspondence requesting a modification to your department's CDPS
Hiring Recovery Program ~CfIRP} 209 grant award. Specifically, you requested to modify the categories under which your agency was approved to hire CHRP o#~icer positions, Your agency
was previously approved for the following number of full-time positions in each of the three
hiring categories allowed under this grant program:
New Hires : 5
Re-Hire of Gfficer~s) Laid-off pre-application: ~
Re-Hire of 4flicer~s} Laid-off or scheduled to be laid-off post-application: 4
I am pleased to notify you that your agency's request to change hiring categories, received
D 11~412U I has been approved. Your CHRP award now reflects the following number offull-time
positions in each of the three hiring categories:
New Hires; 4
RewHire of Ufficer~s~ Laid-offpre-application: 0
Re-Hire of Oflicer~s} Laid-off or scheduled to be laid-off past-application: 5
Enclosed in this packet is your Modified CHRP Grant award. The award document must
be signed and returned to the COPS Office within 9o days from the date of this letter to
officially accept your grant, Gn the reverse side of the grant award is a Iist of conditions that
apply to your grant. You should read and familiarize yourself with these conditions,
If you have any questions, please do not hesitate to contact your CDPS Grant Program
Specialist at ~5~0} 421-774.
Sincerely,
Andrew A. Dori
Assistant Director for Grants Administration
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U. S. Department of Justice
pff ce of Cammatnity ~rief~ted Palrcij~g Services
CAPS Hiring Recovery Program Grant Terms and Conditions
By signing the Award Document to accept this COPS Hiring Recovery Program ~CHRP}grant, the grantee agrees to abide by the fallowing
grant terms and conditions:
1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS.
statute (42 U.S.C. 3796dd; et seq.}; 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable governing administrative requirements for
grants and cooperative agreements}; 2 C.F.R. Part 225 ~OMh3 Circular A 87}, 2 C.F.R. Part 220 BOMB Circular A-21 2 C.F.R. Part 230 BOMB Circular A-122} and ~48 C.F.R. Part 31.000 et~
seq. AFAR 3I.2} as applicable (governing cast principles}; OMB Circular A
133 ~gaverning audits};American Recovery and Reinvestment~Act ~Recavery Act} ~of 2009, P,L.111-5; representations made in the
COPS Firing Recovery Program grant application; and all other applicable program requirements, Laws, orders, regulations, or~
circulars.
2. The grantee agrees to comply with the Assurances and Certifications farms that were submitted as part of its COPS Hiring Recovery Program application.
3. The funding under this pro j ect is far the payment of approved:full-time entry-level sworn officer salaries and fringe benefits over- three years for a fatal of 36 months of funding}
for new or rehired additional, career law enforcement officer positions, hired an ar after the
award start date. The Financial Clearance Memorandum included in your award packet specif es the costs that the grantee is allowed
to fund with your CHRP award. It will also describe any casts which have been disallowed after review of your proposed budget. The
grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum,
4. CHRP grant funds may not be used to replace state or local funds (or, far tribal grantees, Bureau of Indian Affairs funds}that would,
in the absence of fectexal aid, be made available for hiring ancUor rehiring full-time career law enforcement officer positions.
5. At the time of grant application, the grantee committed to retaining all CHR.P officer positions awarded with state andlor local funds far a minimum of 12 months at the conclusion
of 36 months of federal funding far each position, over and above the number of
locally-funded positions that would have existed in the absence of the grant, You cannot satisfy the .retention requirement by using
CHRP positions to f 11 vacancies from attrition.
6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such
extensions do not provide additional funding: Only those grantees that can provide a~ reasonable justification for delays will be granted
na-cost extensions, Reasonable justifications may include delays in hiring COPS-funded positions, officer turnover, or other circumstances that interrupt the 3b month grant funding period.
An extension allows the grantee ta. compensate far such delays by
providing additional time to complete the full 3b months of funding for each position awarded; .extension regarests must be received
riot'to the end date o the award as extension re nests received a tern an award has ex ir~ed will be a roved onl ~tnder ver limited cir'ctrmstances.
During the CHRP grant award period; it may become necessary far an agency to modify its CHRP grant award due to changes in an agency's fiscal ar. law enforcement situation. Fax instance,
modification requests should be submitted to the COPS Office whezr an
agency determines that it will need to shift off~eer positions awarded in one hiring category into a different hiring category or reduce
the dotal number of positions awarded. Giant modifications under CHRP are evaluated on a case-by-case basis. All modification
requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Office will not approve any modification request that
results in an increase of federal funds.
8; The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program, The grantee agrees to cooperate with the monitors and' evaluators.
9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and
quarterly frnancial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested
reports in a timely manner.
10, The COPS Office performs various fiinctians to ensure camphiance with all grant requirements, to assess the implementation of
community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine
during the grant period and may occur up to three years following the official closure of the giant award. These functions, and others, anon requu'e the production of grant-related documentation
and other materials, As ~ a COPS CHRP grantee, you agree to cooperate
with any such requests for information,
11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment
Opportunity Plan X28 C,F.R. Part 42 subpart E}, Far assistance, grantees should consult the Office of Justice Programs, Office for
Civil Rights website at www,alp.usdoi.~oylaboutlacrleeap.htm.
1~2. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Inunigration Services Employment
Eligibility Verification Farm (I-9}, This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States.
13. All newly hired, additional officers for an equal number of redeployed veteran officers} funded under CHRP must engage in community policing activities. Community policing activities
to be initiated ar enhanced by the grantee were identified and
described in your CHRP grant application, with reference to each of the following elements of community policing: a} community
Page 1 of 3
U. S. Department of ,lustice
Of~ce of Carnmunity Oriented Palicrng Set~ices
CUPS Hiring Recovery Program Grant Terms and Conditions
partaierships and support; b} related governmental and community initiatives that complement the grantee's proposed use of CHRP funding; and c} haw the grantee will use the funds to
reorient its mission or enhance its commitment to community policing,
1~. Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this
CHRP grant da not service the other jurisdiction, but will only be involved, in activities ar perform services that exclusively benefrt the grantee's avcm jurisdiction. Grantees cannot
use CHRP funds to pay far a contract to receive law enforcement services from another
agency.
15. False statements ax claims made in connection with COPS grants may result in fines, imprisonment; ar debarment from participating in federal grants ox contracts, andlar any other
remedy available by law.
IG. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act
~Recavexy Act} of X009 and agrees to comply with the extensive accountability and transparency requirements on the use of
Recovery Act funds;
~A} Recove Act Transactions Listed in Schedule of Ex enditures of Federal Awards and Reci lent Res ansibilities for Infonnin
Subrecipients
~1~ Ta maximize the transparency and accountability affunds authorized under the American Recovery and Reinvestment Act of 2x09
(Public Law 111-5} tRecovexy Act} as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative
Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Nan-Profit Organizations" and 28 G.F.R. 66 "Uniform Administrative Requirements far Grants
and Agreements for State and Local Governments," the recipient agrees
to maintain records that identify adequately the source and application of Recovery Act funds.
~2~ For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A 133, "Audits of States, Local
Governments, and Non-Profit Organizations," the recipient agrees to separately identify~the expenditures far federal awards under the
Recovery Act an the Schedule of Expenditures of Federal Awards SEFA} and the Data Collection Form NSF-SAC} required by OMB Circular A-133. This shall be accomplished by identifying expenditures
for federal awards made under the Recovery Act separately an
the SEFA, and as separate rows under Item 9 of Part III an the SF-SAC by CFDA number, and inclusion of the prefix ",ARRA--" in
identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
(3}The recipient agrees to separately identify to each sub-recipient cif any} and document at the time of sub-award and at the time of
disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act funds. When a recipient ativards
Recovery Act funds far an existing program, the information furnished to sub recipients shall distinguish the sub-awards of incremental Recovery Act funds Pram regular sub-awards under
the existing program.
~4}The recipient agrees to require their sub-recipients (if any} to include an their SEFA information to specificany identify Recovery Act funding similar to the requirements fox the
recipient SEFA described above. This information is needed to allow the recipient to
properly monitor sub-recipient expenditure of Recovery Act funds as well as oversight by the Department of 3ustice, Office of the
Inspector General and Government Accountability Office.
~B}Reci lent Re arts and Central Contractor Re istration
~l}The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery
A,ct funds provided through this award Information from these reports will be made available to the public..
~2) The reports are due no later, than ten calendar days aver each calendar quarter in which the recipient receives the assistance award
. funded in whole ar in part by~the Recovery Act.
(3} The recipient and their first-tier recipients (if any} must maintain current registrations in the Central Contractor Registration ~
~www, ecr, gov} at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System DUNS} Number (www,dnb.com}
is one of the requirements far registration in the Central Contractor
Registration.
(4}The recipient shall report the information described in section 1512(c} of the Recovery Act using the reporting instructions and
data elements that will be provided online at www.FederalReparting.gav and ensure that any infarmationthat ispre-filed is corrected
ar updated as needed,
~C}Data Elements of Reci dent R arts
In accordance with section 1512~c~ of the Recovery Act, the recipient agrees that not later than 1 O days aater the end of each calendar
quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains
~1) the total amount of recovery funds received from that agency;
~2} the amount of recovery funds received that were expended or obligated to projects ox activities; and
~3) a detailed list of all projects ar activities for which recovery funds were expended or obligated, including -
~a}the name of the project or activity;
fib} a description of the project ox activity;
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U, S. Department of Justice
Office of Comm~rnity OYiented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions
(c} an evaluation afthe completion status of the project ox activity;
. (d} an estimate of the number of jabs created and the number of jabs retained by the project ax activity; and
(e} far infrastruchue investments made by state and local governments, the purpose, total cast, and rationale of the agency fox funding the infrastructure investment with funds made
available under this Act, and name of the person to contact at the agency if
there are concerns with the infrastruct~.ue investment.
(4} Detailed information on subcontracts or subgrants (if any} awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282}, allowing aggrcga#e repaving
an awards below $25,000 or to individuals, as pzescribed by the Director of the Office of Management and Budget,
These reports are in addition to other financial and programmatic reports required by the CAPS office.
(D} Access to Records and Interviews
The recipient agrees that the Department of .lustice (DOJ} and its representatives (including CAPS and the Office of the Inspector
General (4IG}) and the Gavexnznent Accountability Office (GAO},shall have access to and the right to examine all records (including,
but not limited ta, books, papers, and documents} related to this Recovery Act award. The recipient also agrees that DoJ and the GAO
are authorized to interview any o~'icer ar employee of the recipient regarding transactions related to this Recovery Act award.
(E} Re artin Potential Frau Waste and Abuse, and Similar Misconduct
The recipient agrees to promptly refer to the Office of the Inspector General (oIG} any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, ox
other person has submitted a false claim under the False Claims Act ox has committed
a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
Recovery Act funds. The QIG may be contacted at iJ~G,hotline~7a u~da~gav www usdoj.gov/aiglF4lAlhotline,htm, and
800.869.4499. ~ ~
(F} Pxatectin State and Local Government and Contractor Whistleblowers
. The xecxpient agrees that the Recovery Act provides certain protections against reprisals fox employees ofnon-federal employers (state . ~ and local governments ox private contractors}
who disclose information to federal affrcials reasonably believed to be evidence of grass
management, grass waste, substantial and specific danger to public health ar safety, abuse of authority, ox violations of law related to
contracts ar grants using Recovery Act funds.
(G} Se rate Trackin and R actin of Recove Act Funds and outcomes
The recipient agrees to maintain accounting systems and records that adequately track, account for, and report an all funds from this . Recovery Act award (including oRicers hired, salaries
and fringe benefts paid, and the number of jobs created and jobs preserved}
separately from all other funds (including other COPS and federal grants awarded far the same ox similar purposes}.
(H} Additional Re uirernents and Guidance -
The recipient agrees fo comply with any modifications or additional requirements that may be imposed by larv and future COPS
(including government-wide) guidance and clarifications of Recovery Act requirements.
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